HomeMy WebLinkAbout10-4866r'
Christopher E. Rice, Esquire
I.D. No. 90916 R
T 7:
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES 2u 9.' ? a ? t
Ten East High Street 2010 JuL.2(o
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010 - 11M CIVIL TERM
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
THIS
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
5r ?, 66 ?d.a y
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
FARLEMCliems\7619 Dickinson Cogege\Collections\Current\368\7619C.368.com
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010 - CIVIL TERM
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
COMPLAINT
AND NOW, comes Plaintiff Dickinson College by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows:
1. Plaintiff Dickinson College is a Pennsylvania educational institution and nonprofit
corporation with its principal business address of Post Office Box 1773, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Defendant Timothy Merwine is an adult individual with a last known address of 182
West High Road, Ashland, Schuylkill County, Pennsylvania 17921.
3. Defendant Barbara Merwine is an adult individual with a last known address of 182
West High Road, Ashland, Schuylkill County, Pennsylvania 17921.
4. Defendant Jeffrey Merwine is an adult individual with a last known address of 182
West High Road, Ashland, Schuylkill County, Pennsylvania 17921.
5. On or about April 12, 2009, Defendants Timothy Merwine and Barbara Merwine
entered into an Educational Goods and Services Retail Installment Contract ("Contract #1") with
Plaintiff. A copy of this Contract #1 is attached hereto as Exhibit "A."
6. Contract #1 provided for the financing of $12,178.00 plus interest and costs by
Defendants on behalf of their son, Jeffrey Merwine.
7. On or about July 13, 2009, Defendants Timothy Merwine and Barbara Merwine
entered into an Educational Goods and Services Retail Installment Contract ("Contract #2") with
Plaintiff. A copy of this Contract #2 is attached hereto as Exhibit "B."
8. Contract #2 provided for the financing of $4,061.00 plus interest and costs by
Defendants on behalf of their son, Jeffrey Merwine.
9. The contracts listed above shall collectively be referred to as the "Contracts."
10. All Contracts grant Plaintiffreasonable attorney's fees which Plaintiff has calculated
to be $2,500.00 as of this date.
11. Defendant Jeffrey Merwine is a co-signor and guarantor of the Contracts.
12. As a co-signor and guarantor of the Contracts, Defendant Jeffrey Merwine is
obligated and liable for any outstanding amount due and payable under the Contracts.
COUNTI
BREACH OF CONTRACT
13. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 12 of this Complaint.
14. Plaintiff has fulfilled, performed and complied with all obligations and conditions of
the Contracts.
15. Defendants breached the expressed and implied obligations, conditions and terms of
the Contracts by failing to pay the amounts financed therein.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
in the amount of $16,239.00, plus interest on each of the Contracts as set forth therein, attorney fees
in the amount of $2,500.00, and costs accruing thereafter.
COUNT II
IN QUANTUM MERUIT
16. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 15 of this Complaint.
17. Defendants are liable to the Plaintiff and/or have been unjustly enriched in the
amounts as set forth in the Contracts.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
in the amount of $16,239.00, plus interest on each of the Contracts as set forth therein, attorney fees
in the amount of $2,500.00, and costs accruing thereafter.
Date: 71' Zullo
MARTSON LAW OFFICES
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT "A"
7 .. a ,.
PROMISSORYNOTE
FOR ANEDUCATIONAL LOANFROMDICKINSON COLLEGE
Retail Installment Contract
Name (Last, First, Middle Initial):
Timothy Merwine
Address:
182 W High Road
Name (Last, First, Middle Initial):
Barbara Merwine
Address:
182 `GV 10gh Road
Name (bast, First, Middle Initial):
Jeffrey Merwine
Address:
182 W High Road
Dickinson College
P.O. Box 1773
Carlisle, PA 17013
Please call (717) 245-1953 (Student Accounts Office) with any
questions regarding this Promissory Note.
Social Security Number:
City, State, Zip:
Ashland, PA 17921
Social Security Number:
City, State, Zip:
17911
TERMS AND CONDITTONS
512,178.00
DEFINITION OF BORROWERS - In this Promissory Note (this `Note'D, the term "Borrowers" means each of the Parents and the
Student who signs this Note.
SALE OF GOODS AND SERVICES - Each of the Borrowers, as buyers, desire to purchase from Dickinson College, as seller (the
"College"), the Goods and Services (as hereinafter defined) to be provided and rendered, as the case may be, to the Student during
his/her enrollment at the College, including tuition, room and board, books, and supplies (collectively, the "Goods and Services").
PROMISE TO PAY - Each of the Borrowers promises to pay to the College, or to any holder to whom the College may assign this
Note, all sums evidenced by this Note, including, but not limited to, all outstanding principal and accured interest.
EACH BORROWER INDIVIDUALLY LIABLE - Each of the Borrowers will be individually liable up to the full amount of all
amounts that might be due and owing hereunder.
Social Security Number:
City, State, Zip:
Ashland, PA 17921
INTEREST - The outstanding principal amount of this Note shall bear interest at the lesser of (i) the rate of 6% per annum, or (ii) the
maximum rate permitted by law.
MERWEe
PRINCIPAL REPAYMENT DATE - The earliest of the following will be the "Principal Repayment Date" under this Note: (a) the
first day of the first month after the Student ceases to be enrolled at least half time at the College, other than Standard Periods of Non-
Enrollment; or (b) the first day of the first month after the Student graduates from the College. In this Note, the term "Standard
Periods of Non Enrollment" means periods when students are not typically enrolled in classes, for example, between the fall and spring
semesters and during summer break for students who will re-enroll in the fall semester.
PAYMENT OF PRINCIPAL AND INTEREST - Prior to the Principal Repayment Date, each of the Borrowers promises to pay
accrued interest on the outstanding principal amount of this Note on the first day of each month following the date on which the
principal amount of this Note has been credited to the Student's account with the College. Upon the occurrence of the Principal
Repayment Date, each of the Borrowers promises to pay the outstanding principal amount of this Note, along with accrued interest, in
60 equal consecutive monthly installments, beginning on the first day of the month following the Principal Repayment Date and
continuing on the first day of each month thereafter until all sums due and owing hereunder are paid in full.
PLACE OF PAYMENT - Each of the Borrowers promises to make all payments due hereunder to Campus Partners, P.O. Box 2901,
Winston-Salem NC 27102-2901, or to any other mailing address as designated by the College or its assignee.
EDUCATIONAL PURPOSES - Each of the Borrowers represents that the loan evidenced by this Note will be used for an
educational purpose and will finther the Student's education at the College.
CHANGES IN INFORMATION - Each of the Borrowers will inform the College of any change in the information provided to the
College in Section A, B,. or C of this Note within 30.days of.such.champ-._.
EVENTS OF DEFAULT - The following constitute an `Event of Default" under this Note:
(a) failure to make any payment of principal or interest when due;
(b) any of the Borrowers provides the College with false information or signatures at any time;
(c) any of the Borrowers becomes legally incompetent;
(d) the death, incarceration, or indictment of any Borrower;
(e) a failure by any of the Borrowers to comply with the terms and conditions of this Note;
(f) institution of banknrptcy or insolvency proceedings by or against any of the Borrowers;
(g) the Student withdraws from, is dismissed from, or separates involuntarily from), the College; or
(h) the College, in its reasonable judgment, believes that the prospect of the Borrowers' repayment of the Borrowers'
debt to it is impaired.
The failure of the College to declare an Event of Default shall not constitute a waiver of the right to declare an Event of Default at any
other time.
EFFECT OF AN EVENT OF DEFAULT - Upon the occurrence of an Event of Default:
(a) After delivery of notice-to the Borrowers, the College, at its option, may accelerate the loan (demand immediate
payment of the entire unpaid balance of the loan). Such notice will inform the Borrowers of (1) the Borrowers' right
to cure the Event of Default upon payment of the amount in default plus delinquency or deferral charges within
twenty-one (21) days of the date of receipt of such notice; (2) the name, address, and telephone number of the
College or holder; (3) the total amount due, including the amount of delinquency charges; (4) the exact date by
which the amount due must be paid; (5) the name, address, and telephone number of the person to whom payment
must be made; and (6) other performance necessary to cure an Event of Default arising from other than nonpayment
herein. The College or holder shall not be required to provide such notice more than once in any twelve (12) month
period
(b) The College may disclose each of the Borrower's default(s) to credit bureaus or credit reporting agencies.
Page 2 of 4
MiJR.WY.E
(c) The College shall nwt be required to issue a diploma or provide the Borrowers (or any third party) an official student
transcript under seal until all sums due and owing hereunder are paid in full. Nothing contained herein shall prevent
the Student from reviewing his/her transcript.
COLLECTION COSTS - If the Borrowers fail to communicate with the College within forty-five (45) days of a default in making
any payment promptly when due, to the extent permitted by law, the Borrowers agree to pay all actual and reasonable costs of
collection of the loan, including but not limited to, reasonable attorney's fees, charges, or expenses, incidental to the collection.undl all
indebtedness hereunder is paid in full.
PREPAYMENT - The Borrowers way prepay all or any part of the Borrowers' unpaid loan balance, plus any accrued interest, at any
time without penalty. If the Borrowers pay more than the amount due for an installment, the excess will be used to repay principal
unless the Borrowers designate it as an advance payment of the next regular installment.
ADDITIONAL AGREEMENTS - (a) No change in this Note will be binding unless approved by the College and the Borrowers in
writing. (b) The Borrowers understand that each of the Borrowers must repay this Note even though the Student may be under 18
years of age. (c) TIME IS OF THE ESSENCE OF EACH PROVISION OF THIS NOTE.
GOVERNING LAW - This Note has been executed and delivered in Penns}rlvaun. and its vahdity,rconstruction, and enforceability
shall be governed by the laws of the Commonwealth of Pennsylvania, unless federal law shall otherwise apply.
SEVERABILITY -If any provision of this Note is- held to be invah"r mmforceable, drro&erprovrsiom- main valid and
shall be construed and enforced as if that provision was never contained in this Note.
NO WARRANTIES - THERE ARE NO WARRANTIES, EMIER EXPRESSED OR WLIED, GIVEN BY THE COLLEGE, AS
SELLER, IN CONNECTION WITH THE SALE OF THE GOODS AND SERVICES COVERED BY THIS CONTRACT UNLESS
THE BORROWERS, AS BUYERS, HAVE BEEN GIVEN A SEPARATE WRITTEN WARRANTY.
FEDERAL TRUTH IN LENDING DISCLOSIWS*
ANNUAL FINANCE CHARGE: AMOUNT FINANCED: TOTAL OF TOTAL SALES PRICE:
PERCENTAGE Dollar amount that the Amount of credit PAYMENTS.- Total cost of the
RATE. credit will cost the provided to the Amount the Borrowers Borrowers' purchase on
Cost of credit as a yearly Borrowers. Borrowers or on the will have paid as total credit, including the
rate to the Borrowers. Borrowers' behalf. of all scheduled Borrowers' down
payments. payment of
6% $2,413.93 $12,178.00 $14,591.93 $47,834.00
$35,656.00
The Borrowers' repayment scbednle will he!
Number of Payments Amount of Payment When Payments are Due
1 $60.89 Monthly beginning on 05/28/2009, and
continuing. until 06/28/2009
72 $201.82 Monthly beginning on 07/28/2009
*AU numerical disclosures are estimates, the accuracy of which depends on the assumption that the Student will graduate from the
College after. eight consecutive semesters of full-time study.
Prepayment: If the Borrowers pay off early, the Borrowers will not have to pay a penalty.
See the Terms and Conditions for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds and penalties.
Page 3 of 4
MBRWINE
DISCLOSURE AND ITEMIZATION OF AMOUNT FINANCED
Itemization of the Amount Financed of $[insert original principal amount of this Note):
1. Cash price of Goods and Services: $47,834.00
2. Total down payment: 35,656.00
3. Unpaid balance of cash price (1 - 2): 12,178.00
4. Amount paid to others on the Borrowers' behalf. $0,00
5. Amount Financed (the amount credited to the Student's account) (3 + 4): $12,178.00
NOTICE
Any holders of this consumer credit cohtragt is subject to all claiMs and defenses which the debtor could assert against
the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall
not exceed amount paid by the debtor hereunder.
Notice to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank space. (2) You are
entitled to a completely filled-in copy of this agreement. (3) Under the law, you have the right to pay off in advance the full
amount due and under certain conditions to obtain a partial refund of the service charge.
This loan has been made to the Borrowers without security or endorsement. The Borrowers' signatures certify that the Borrowers have
read, understand, and agree to the terms and conditions of this Note. THIS IS AN EDUCATIONAL LOAN THAT MUST BE
REPAID IN FULL.
This is a contract under seal and may be enforced under 42 Pa.C.S. § 5529(b) (relating to twenty year limitation).
INTENDING TO BE LEGALLY BOUND THEREBY, the Borrowers have set their hands and seals below.
Parent's Si Lure (SEAL)
- /a - aS
Date
Parent's Signature (SEAL)
Stude s e (SEAL)
J/- /; a l
Date
,/-I;2 - aS
Date
Page 4 of 4
EXHIBIT "B"
j PROMISSORYNOTE
FOR AN ED UCA TIONAL LOANFROM DICK YSON COLLEGE
Retail Installment Contract
t
Nsme (Last, Fhrst, Middle Inftlal):.
Timothy Merwine Social Security Number.
Address: City, State, Tap:.
182 W High Road Aah]and, PA 17921
Name (Last, First, Middle ]udfitla?: Social Security Number.
Barbara Merwme
182 W High Road Ashland, PA 17921
Name (Las4 Phrst, Middle Initial): Social Sectniiy Number:
Jeffrey Marwbw .
Addreds: City, State, zip:
.182 W High Road , Ashland, PA 17921
Dididnam College
P.O. BoX 1773
Carlisle, PA 17013 $4061.00,
Please call (717) 245=1953 (Student Accounts Office) witch a
questions regarding this Psomimoty Note.
TERMS'AM CONDMOM
DEFINMON OF 9ORROWERB - it this promissory Note (this `.Notd), the team `Borrowers" means each of the Parmrts and the
Student who signs this Note.
SALE OF GOODS AND SERVICJivS - Each of the $ouowers, as buyers, desire to purchase fromDWdnscn College, as seller (tba
'College"), the Goods and Services (as herei uLft defined) to be provided and rendered, as the case maybe, to the Student dwbg•
his/her enrollment at tba College, inchuling untion, roan and board,' books, and supplies (collectively, the "Goods and Services' j-
PROMI3R TO PAY - Each of the Borrowers promises to pay to the College, or to any holder to whom the College may assign this
Note, alI sums evide nce.4,by this Note, mchufiug, but not limited to, all outstanding principal and accured interest
EACA BORROWER 1NDIVlDUALLY L ABr E - Each of the Borrowers will be individually liable up to the full amount of all
amounts that.mfght be due and owing hereunder.
MEREST -'The outstanding principal amount of this Note shall bear interest at the JUg of (2) the rate of 06' per auman, or (h) the
maxtunn rate permitted by law.
i
1vIDI1 APINE
PRINCIPAL REPAYMENT DATE - The fie of the following *ill be the "Principal Repayment Date" under this Note: (a) the
first day of tibe first month after the Student ceases to be enrolled at least half time at the College, other than Stan dard Periods of Non-
Eniolhmemt; or (b) t w first day of the fast mouth after the Student graduates from the College. In this Note, the germ "Standard
Periods of Non-Emollmaur means periods whom students we not typically, enrolled is classes, for etaxople, between rile fall and spring
senmters and during summer break for students who will re-enroll is the fall semester.
PAYMENT OF PRINCIPAL AND INTEREST - Prier to the Principal Repayment Data, each of the Borrowers promises to pay
accazed interest our the outstanding principal amount of flhis Note on the :first day of each month following the date on which the
principal amount of this Note has been credited to the Student's account with the College. Upon the occuxrqnce of the Principal
Repayment Date, each of the Borrowers promises to pay the outstanding prtn4al.i noumt of this Note, along with accrued interest, in
60 equal consecutive monthly instalhaemts, beginning on the Salt day of the pmontir following the Principal Repayment Date and
condwing on the first day of each month 1hereafter until all mms due and owing. hereunder are paid in fu1L
PLACE OF PAYMENT -Each of the Borrowers paomtises tc make allpayments due hemetnder to Campus Partners, P.O. Bois 2901,
Wmston SalemNC 27102 2901, oc to any otlur mailing address as designated by the College or its assignee.
EDUC*710NAL PIMPPOSES -Each of ibe Borrowers represents that tube loan evidenced by this Note will be used for an
educational purpose and will further the Student's education, at the college.
CHANGES IN INFORMATION - Bach of the Borrowers will inform the College of airy chime in the info?ma#ion provided to tlbe
age-_
College is Section A, B, or C of this Note within30 days of such
EVENTS O$ DEFAE.T - The following constitute an "Event of Default" under tiia Note:
(a) Shure to make any payment of principal or interest when due,
(b) say of the Borrowers provides the College with false information or signatures at any time;
(c) any of the Borrowers becomes legally hmompeteot;
(d) the death, incarceration, or indictment of any Borrower;
(e) a failure by any of the Borrowers to camaply with the terms and conditions of this Note;
(f) tstimdon of bank uptcy or imaolvency proceedings by or against any of the Borrowers;
(g) the Student widx ws from, is dismissed from, or separates involuntarily, from, the college; or
(h) the College, m its reasonable judgment, believes that the prospect of the Borrowers' repayment of the $orrowers'
debt to it is impaired.
The Shure of the College to declare an Event of Defanit shall not constitute a waiver of the right to declare an Event of Default at any
otlsegr time.
EFFECT OF AN EVENT OF, DEFAULT - Upon the occurrence of an Event of Default:
(a) After delivery of notice to the Borrowers, the College, at its option, may accelerate the loan (demand immediate
payment of the entire unpaid balance of the loan). Such notice will infanm the Borrowers o& (1) tine Borrowers' right
to core the Event of Default upon payment of the amount is default plus delinquency or deferral charges within
twenty-one (21) days of the data of receipt of such notice; (2) the name, address, and telephone number of the
College or holder; (3) the total amount due, including the amount of delinquency charges; (4) the exact date by
which the amount due nomst be paid; (5) the Mme, addrm,. and telephone number of the persou to whom payment
must be made; and (t) other performance necessary to cure an Event ofDefault arising from other than nonpayment
herein. The College or holder shall not be required to provide such notice more Itum once is any twelve (12) month
period. `
(b) The College may disclose each of the Borrower's default(s) to credit bureaus or credit reporting agencies.
Page 2 of 4
r ,
N ERVANE
(c) The College shall i= be required to issue a diploma or provide the Borrowers (or any third party) an official student
transcript tmdcr seal umkil all sums due and owing hereunder are paid in fall. Nothing comuined herein shall prevent .
the Student from revimviug Mvb= trwiscxi
COLLECTION COSTS - If the Borrowers fail to eommxmicate with the College within forty five (45) days of a default in malrmg
any payment promptly wban due, to the extent permitted by law, the Borrowers agree to pay all actual and reasonable costs of
collection of the 1oaa6 inchuUng but not limited to, reasonable attorney's fees, charges, or expenses, incidental to the collection until all
indebtedness hereunder is paid in fU L
PR'l PAYMENT - Ile Borrowers may prepay all of airy pad of the &MYWets' unpaid loan balance, plus airy accrued intreAt, a# ally
time without penalty. If ft Bortowtrs pay more thaa the amauimt due foram iastahtment, the excess will bt tied m
unless the Bo=wm designate it as an advance payment of the term regular instalhoent. repay principal
Al)]bmONAL AGRZEbEWS - (a) No change in this Note will be binding umlesa approved by the College and the 13orroaiers is
writing. (b) The Boxwoers understand that each of the $onuwtn must repay this Note even though the Student maybe under 18
yea=s of age. (c) MME IS OF 11M ESSENCE OF EACH PROVISION OF THM NOTE
GOVERNING LAW - Tbis Note has been executed and delivered in Pe?ylvania and its validity, const<ncti0n, and onforceabMty
shall be govemsed by the la*s of the Commonwealth of Pebasylvamia, uMT" ' fideral laov slush otherwise apply.
SEVEX42MM - If any provision of this Note is bold to be invalid or v enfoneeable, the other
shall be coahstrued and enfOroed as if that pro'visioas shall remain valid and
provision was never contained is this Note.
NO WARRANTS - T MM ARE NO WARRANTIES, EXPR:BSSIID'OR I11dpI.IED, QIVEN BY TEm COLLEGE, AS
SELLER XR CONNk=ON W11 TBE SALE OF THE GOODS AND SERVICES COVMM By THIS CONTRACT UNLESS
THE BORROWERS, AS BLIVER.S, HAVE BEEN GIVEN A SEPARATE WR rM WARRANTY.
FEDERAL TRUTH IN LF,NDING D7SCLOSUR$S*
AMVTJAL FIYANCE CHARGE: "0VNTFAVANCED: TOTAL OF TOTAL SALES MUM
PERCENTAGE Dollar amount that the Amount of credit PAYME'NT'S: Total cost of the .
• RATE. credit will cost the provided to the Axhbrtat the BdnvvA is Borrowers' putrcbase on
Colt of credit as a yearly
Borrowers.
Borrowers or on the
will have paid-ds total .
credit, mclndirf ft.
rate to the Borrowers. Boabwers' behalf of all schedrled Borrowers' down
paYB• paymxat of
6% $804.90 $4061.00 $4865.41' $47,834.00
$43,773.00
The Rnrmwm%1 rwnawmont .e U.A..t. -411 U..
Nwabsr of syixs A- - -- Amouart ofpqwuwxf Where P
aymsats are Drs
1 $20.31 MOiWy beginning on 07/28/2009, and
continuing until 08/2$/2009
'
72 $67.30 Monthly beginning on 08/28/2009
*All numerical disclosures are est nmates, the accuracy of which depends on the asswmp&n that the Student will graduate from tau
College after eight consecutive semesters of fulh-time study.
Prepayment If the Borrowers pay off early, the Borrowers will not have to pay a penalty.
See tau Terms and Conditions for any additional information about nonpayment, default; any required repayment in full before the .
scheduled data, and prepayment refunds and penalties.
Page 3 of 4
MERWIr1L • ' ,
DISCLOSURE AND TFEMiZATION OF AMOUNT*MANCED
Itemization of the Amount Financed of $[insert original principal amount of this Note]:
N
1. , Cashprice of Goods and Services: $47,834.00
2. Total down paymept 43,773.00
3. Unpaid balance of gash price (1- 2): 4061.00
4: • Amount paid to others on the Baaowars' behalf $0.00
S. A=mount Financed (the amoo nt credited to the Student's account) (3 + 4): $4061.00
NOTICE
Any holders of this consumer credit contract is subject to all claims and defenses which the debtor could assert against
the seller of gogds or services obtained pn;suunt lxereto-or with the proceeds her?oL Recovery hereunaier•.by the debtor shall
not exceed amount paid by.the debtor hereunder.
Notlce to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank space. (Z) You are
entitled to it completely Mlad-fn copy of this agreement. (3) Under the law, you bave the right to pay off in advance the, fou
amount due and under certain conditions to obtain a partial refund of the service ahwge.
This loam has been mach to the Bonowers without saczdty or endorsement. The Borrowers' afgua4tres certii}? that the Borrowers have
real, un eratand, and agree to the teams and conditions of this Note. THIS IS AN EDUCATIONAL LOAN THAT MUST BE
]!REPAID IN FULL.
This is a contxact under seal and maybe erA=ed under 42 PaC4. § 5529(b) (relating to twenty year li tion).
RMMING To BE LEGALLY BOUND THEREBY, dwBorrowea have set that bands and seals below.
Parent's Stnaiure OVAL)
7- /J - o
Date
6
Parent's $"aft"
. ®w w
WudMs tore (SR'AL)
9- /.T- oy
Data
Z/Z-7f4
Date ?-
Page 4 of 4
VERIFICATION
I, Sally Heckendorn, Bursar of Dickinson College, acknowledge that I have the authority to
execute this Verification on behalf of Dickinson College and certify that the foregoing Complaint
is based upon information which has been gathered by my counsel in the preparation of this lawsuit.
The language of this Complaint is that of counsel and not my own. I have read the document and
to the extent that this Complaint is based upon information which I have given to my counsel, it is
true and correct and to the best of my knowledge, information and belief. To the extent that the
content of this Complaint is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Dickinson College
Q?
Dated: 7 I` A
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~
Sheriff ~~~~tticr of ~ua~~ay.~~~ ~ ~ , ,
Jody S Smith ~ ; ~ i f~ ; .,_`. ~ Q ~~ I
Chief Deputy w
Richard W Stewart CU~~~i.rv',lt~ ~U~
Solicitor ~~~~~~ ~~ ~ ' ~~ -~ERIF~ PE~VIVSYLVANIA
Dickinson College
vs.
Timothy Merwine (et al.)
Case Number
2010-4866
SHERIFF'S RETURN OF SERVICE
07/26/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Timothy Merwine, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint and
Notice according to law.
07/26/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Barbara Merwine, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint and
Notice according to law.
07/26/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Jeffrey Merwine, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint and
Notice according to law.
07/30/2010 11:47 AM -Schuylkill County Return: And now July 30, 2010 at 1147 hours I, Joseph Groody, Sheriff of
Schuylkill County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Jeffrey Merwine by making known unto
Tim Merwine, adult in charge at 182 W. High Road, Ashland, PA 17921 its contents and at the same time
handing to him personally the said true and correct copy of the same.
07/30/2010 11:47 AM -Schuylkill County Return: And now July 30, 2010 at 1147 hours I, Joseph Groody, Sheriff of
Schuylkill County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Barbara Merwine by making known unto
Tim Merwine, adult in charge at 182 W. High Road, Ashland, PA 17921 its contents and at the same time
handing to him personally the said true and correct copy of the same.
07/30/2010 11:47 AM -Schuylkill County Return: And now July 30, 2010 at 1147 hours I, Joseph Groody, Sheriff of
Schuylkill County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Timothy Merwine by making known unto
himself personally, at 182 W. High Road, Ashland, PA 17921 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $69.44
August 26, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(cj CountySuite Sheriff. Teleosoft. Irc.
Mon Aug 23, 2010 10:22AM , , PAGE: 2
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N *
I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
TIMOTHY MERWINE (DEFENDANT) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this SO ANSWERS
day of
(Deputy Sheriff)
(Prothonotary) (Sheri of chuylkill County)
End - of - Return (X-262-2010)
Mon Aug 23, 2010 10:22AM PAGE: 4
SHERIFF'S~DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N * '~
I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
TIM MERWINE (HUSBAND) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this SO ANSWERS
day of
eputy Sheri f)
(Prothonotary) (Sh 'f of Schuylkill Count
End - of - Return (X-262-2010)
Mon Aug 23, 2010 10:22AM
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N **
I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
PAGE: 6
TIM MERWINE (FATHER) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this
day of
(Prothonotary)
End - of - Return
SO ANSWERS
(Deputy Sheriff)
(She f f Schuylkill County)
(X-262-2010)
Mon Aug 23, 2010 10:22AM
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
*• A F F I D A V I T O F R E T U R N •
I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
PAGE: 2
TIMOTHY MERWINE (DEFENDANT) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this
day of
SO ANSWERS
eputy Sheriff)
(Prothonotary) (Sheri of chuylkil ounty)
End - of - Return (X-262-2010)
Mon Aug 23, 2010 10:22AM PAGE: 4
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N
I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
TIM MERWINE (HUSBAND) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this SO ANSWERS
day of
(Deputy Sheriff)
(Prothonotary) (S if of Schuylkill Count
End - of - Return (X-262-2010)
Mon Aug 23, 2010 10:22AM
SHERIFF'S DEPARTMENT
OF SCHUYLKILL COUNTY
SCHUYLKILL COUNTY COURT HOUSE
POTTSVILLE, PENNSYLVANIA 17901
(570) 622-5570
** A F F I D A V I T O F R E T U R N
PAGE: 6
i hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to
TIM MERWINE (FATHER) ON
182 HIGH ROAD 07/30/2010
ASHLAND PA at 11:47
SWORN and subscribed before me this SO ANSWERS
day of
(Deputy Sheriff)
(Prothonotary) (Sheriff f huylkil County)
End - of - Return (X-262-2010)
'J
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff .
v. :
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVII. TERM
TO: TIMOTHY MERWINE, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the 7 ~ day of D~db~-l , 2010, the following
Judgment was entered against you in the above-captioned action: judgment in the amount of
$16,239.00, plus interest on each of the Contracts as set forth therein, attorney fees in the amount
of $2,500.00, and costs accruing thereafter as prayed for in the Complaint, for failure to file an
Answer to Plaintiffs Complaint.
Date: ~~~" y ~ ~~
~~ ~
Prothonotary
~, a~
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Timothy Merwine
182 West High Road
Ashland, PA 17921
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVIL TERM
TO: BARBARA MERWINE, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JU /DGMENT
You are hereby notified that on the day of Q~~d~oei , 2010, the following
Judgment was entered against you in the above-captioned action: judgment in the amount of
$16,239.00, plus interest on each of the Contracts as set forth therein, attorney fees in the amount
of $2,500.00, and costs accruing thereafter as prayed for in the Complaint, for failure to file an
Answer to Plaintiffs Complaint.
Date: ~ l~ ~ oy'~d/~ !5/ ~a,~-r~ ~, ~'.~li°.G(!
Prothonotary ~~
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Barbara Merwine
182 West High Road
Ashland, PA 17921
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
NO. 2010 - 4866 CIVIL TERM
TO: JEFFREY MERWINE, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the ~ day of ~cTo~~/ , 2010, the following
Judgment was entered against you in the above-captioned action: judgment in the amount of
$16,239.00, plus interest on each of the Contracts as set forth therein, attorney fees in the amount
of $2,500.00, and costs accruing thereafter as prayed for in the Complaint, for failure to file an
Answer to Plaintiff s Complaint.
Date: `~ ' `~ " / ~ ~S~ ~/f ~w~.~ 7,/ 6~~u~
Prothonotary y~ ~
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Jeffrey Merwine
182 West High Road
Ashland, PA 17921
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
~s~ `'wT -t~ tab°I II~ 2
"~~ t~' ''L.i"~,~~D CQ~~TY
-~
DICKINSON COLLEGE,
Plaintiff
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVIL TERM
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendants Timothy Merwine, Barbara Merwine, and Jeffrey Merwine in the amount of $16,239.00,
plus interest on each of the Contracts as set forth therein, attorney fees in the amount of $2,500.00,
and costs accruing thereafter as prayed for in the Complaint, for failure to file an Answer to
Plaintiffs Complaint.
I do hereby certify that a written notice of intention to file this Praecipe was mailed to the
Defendants at the address indicated thereon, on September 2, 2010, which date was subsequent to
the date default occurred and at least ten (10) days prior to the date of the Praecipe.
MARTSON LAW OFFICES
By
Dated: ~Q/t~F/~0
~,~.~ s ,~
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
~~y<~o~°~-`~~7
~yy~Q9~
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVIL TERM
IMPORTANT NOTICE
TO: Timothy Merwine Date: September 2, 2010
182 West High Road, Ashland, PA 17921
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FII,E IN WRITTEN WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
This is a debt collecting firm attempting to collect a debt. Any information obtained
will be used for that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
Y
Christopher E. Rice, Esquire
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GII,ROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVIL TERM
IMPORTANT NOTICE
TO: Barbara Merwine Date: September 2, 2010
182 West High Road, Ashland, PA 17921
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
This is a debt collecting firm attempting to collect a debt. Any information obtained
will be used for that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
BY ~~~" ~-~ S ~_.
Christopher E. Rice, Esquire
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2010 - 4866 CIVIL TERM
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IMPORTANT NOTICE
TO: .Jeffrey Merwine Date: September 2, 2010
182 West High Road, Ashland, PA 17921
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
This is a debt collecting firm attempting to collect a debt. Any information obtained
will be used for that purpose.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON LAW OFFICES
By~~-~ S ~----
Christopher E. Rice, Esquire
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
NO. 2010 - 4866 CIVIL TERM
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief, the Defendants above named are not in the military service of the United
States of America, that he has knowledge that the said Defendants are now living at: 182 West High
Road, Ashland, PA 17921. Said Defendants' place of employment is unknown.
C~~ S ~--
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this ~jL day of (}C~,) , 2010.
N ublic '
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea!
Mary M. Price, Notauy P~lic
Cariisle Boro, Cixnberland 18, 2011
My Comrriission Expires Aug.
Member, Pennsylvania Assoclatlon of Notarlas
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Sep-28-2010 11:39:50
*~: Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
MERWINE TIMOTHY Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~~. ~,-~
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.miUappj/scra/popreport.do 9/28/2010
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:2DBISSJVN8
https://www.dmdc.osd.miUappj/scra/popreport.do 9/28/2010
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Sep-28-2010 11:39:07
*~. Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
MERWINE BARBARA Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~~. ~,-~-
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA maybe invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.miUappj/scra/popreport.do 9/28/2010
Request for Military Status Page 2 of 2
More information on "Active Dury Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:LNLNSDRJHJ
https://www.dmdc.osd.miUappj/scra/popreport.do 9/28/2010
Request for Military Status
Department ofDefense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Sep-28-2010 11:40:34
* Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
MERWINE JEFFREY Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~~ -~.-.
Mary M. Snavely-Dixon, Director
Department ofDefense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department ofDefense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA maybe invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.miUappj/scra/popreport.do 9/28/2010
bequest for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:A9025F3KOG
https://www.dmdc.osd.miUappj/scraJpopreport.do 9/28/2010
Christopher E. Rice, Esquire
I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DICKINSON COLLEGE,
Plaintiff
v.
TIMOTHY MERWINE, BARBARA
MERWINE, and JEFFREY MERWINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 4866 CIVIL TERM
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys
for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania
Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants were
was given to them by mail on September 2, 2010.
Christopher E. Rice, Esquire
Sworn to and subsc bed
before me this ~ day of , 2010.
1,
No ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. , Notary Public
Cadiste Born, Cumberland CounH
My CpmmiBeion Expires Au9.18.2011
Member, Pennsylvsnia prugc~{Mtian At Nuteri+~s
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as
follows:
Timothy Merwine
182 West High Road
Ashland, PA 17921
Barbara Merwine
182 West High Road
Ashland, PA 17921
Jeffrey Merwine
182 West High Road
Ashland, PA 17921
MARTSON LAW OFFICES
By % / .
M .Price
Ten ast High Street
Cazlisle, PA 17013
(717) 243-3341
Dated: / 0 l~/,(~
In making this communication, we are advising you this firm is attempting to collect a debt for
Dickinson College. Any information gained from this communication will be used for that
purpose